The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-11-30
A NEW TRIAL FOR SHARP
THE STATE SUPREME COURT OVER
RULES TIE CONVICTION.

Admission of Certain Evidence De.
clared to Have Been an Error-The
Arch-Briber Hears the News Without
Betraying Emotion-Applicatio to
be Made for Bail.
ALBANY, N. Y, Nov. 29.-The Court of
Appeals handed down its decision in tho
Jacob Sharp case this morning. 1t reverses
the decision of the lower court and orders
new trial. The decision says:
During the trial exceptions were taken in be-.
half Of the defendant TO several decisions of the
trial court in admitting against his objection
certain items of testimony which il is conceded
were material, and without which, it is
claimed by the appellant, conviction could not
or might not have been obtained. First among
Others, the counsel for the prosecution claimed
that the defendant was examined as a witness
before committee Of the Senate Of this State
the methods of the Broadway Railroad Com
pany in obtaining such consent, and also the
action in respect thereto of the Board of Alder
nny mSn OF sner Sa1d city Which granted it, or Of
for the same, and that he, upon that
occasion gave testimony which the learned
counsel for the prosecution claimed to be ''irre-
futable evidence OF his participation and COM
plicity In the commission of crime" This
testimony the prosecutor offered in evidence.
It's admission on the trial was objected to on
circumstances; that the defendant was COM
PEELED to attend and testify, and that evidence
thus elected was not competent upon the tr.al
OF OF person where the subject under inquiry is
tnat ABOUT which he was then interrogated."
DECLARED AN ERROR.
The court decides that the admission of
this was contrary to section 70 of the Penal
Code, and was therefore an error.
The admission of Pottle's testimony was
also held to be an error.
Another error was found in the exarnina-
ton of the witness ex-AIderman Miller
The court also holds that an error was
committed in admitting the evidence of
detectives regarding the absence from the
State OF Maloney and Cox end their pres
ence In Canada.
The admission of Phelps testimony is also
announced an error
HOW NEW YORK RECEIVED IT.
New York, Nov. 29.-When the news Of
the Sharp decision reached the county court
house 1t caused considerable stir among the
lawyers present in the numerous courts.
The general opinion seemed to be one of
approval. Mr.. Clark, law partner of Con
gresham Bourke Cochran, who argued the
case on the appeal, on receiving the news at
once started for Ludlow street iail to con-
vey the glad tidings to Jacob Sharp He
first saw Mrs. Sharp. She cried with joy,
and said she had heard so many rumors
that she found it difficult TO believe it. She
then broke the news to her husband
He manifested no emotion whatever, and
seemed even TO take but little interest in
tine matter. Since his conviction he has
fallen into moody and stold state of indif-
ference TO all outward things from which it
seems impossible to arouse him
Mr.. Clark said that when Mr.. Cochran
returns from Albany tonight, there would
be consultation about applying for Sharp's
ad r.ission to bail. A motion to that effect,
he SAID, will probably be made tomorrow,
and he expected that it would be granted
The motion may be made to any Judge Of
the Supreme Court. He supposed the
$50 600